Managing tenants’ requests for Emotional Support Animals (ESAs) is a critical aspect of property management that can be confusing for many landlords. There are specific legal requirements under the Fair Housing Act (FHA), and landlords must navigate these while protecting their property and avoiding legal pitfalls. In this post, we will discuss what landlords can and cannot do when handling ESA requests, and how our team at Candlewood Property Management, LLC stays on top of these regulations to protect owners.
What Landlords CAN Do
While landlords are required to accommodate tenants with ESAs, there are still guidelines that can be followed to ensure that the process remains fair and lawful.
- Request Documentation: As a landlord, you can request that tenants provide a letter from a licensed medical or mental health professional that confirms the need for an ESA. This is a standard process, and Candlewood ensures that all tenants meet this requirement.
- Set Reasonable Rules: While ESAs must be allowed, landlords can enforce rules regarding the behavior of the ESA. For instance, tenants are responsible for keeping their ESA from damaging the property, disturbing other tenants, or causing unsanitary conditions. At Candlewood, we make sure that tenants understand these guidelines before approval.
- Deny the ESA in Certain Situations: While rare, there are situations where you can legally deny an ESA request. This typically applies if the animal poses a direct threat to the safety of others or would cause substantial damage to the property. Candlewood evaluates each case carefully to ensure decisions are based on facts and not assumptions, helping property owners avoid potential legal issues
What Landlords CANNOT Do
Even though landlords have some rights, there are strict limitations on what they can ask for or enforce in regard to ESAs. Here’s what to avoid:
- Charge Pet Fees or Deposits: ESAs are not considered pets under the law, meaning landlords cannot charge pet fees or deposits. However, tenants are responsible for any damage caused by the ESA, and Candlewood makes sure this is clear to all parties.
- Inquire About the Tenant’s Disability: Landlords cannot ask detailed or invasive questions about the tenant’s disability. The only required documentation is a letter from a licensed professional stating that the ESA is needed for the tenant’s emotional or psychological well-being.
- Deny an ESA Based on Breed or Size: Any breed or size restrictions that might apply to regular pets do not apply to ESAs. Candlewood ensures that property owners understand this, helping them avoid potential discrimination claims.
Candlewood’s Approach to ESA Management
At Candlewood, we have developed a thorough and compliant approach to managing ESA requests. We stay up-to-date with all changes to the law, making sure that our property owners are not at risk of legal issues related to ESAs. Some key strategies we use include:
- Legal Compliance: We regularly attend legal seminars and consult with housing law experts to ensure that our ESA policies remain compliant with the FHA and other relevant regulations.
- Clear Communication: Candlewood works closely with tenants and property owners, ensuring that all ESA documentation is clear and valid before approval. This transparency reduces misunderstandings and helps create a positive experience for everyone involved.
Conclusion
Landlords must carefully navigate the management of Emotional Support Animals in their rental properties to ensure compliance with the Fair Housing Act. By understanding what you can and cannot do, and working with a knowledgeable team like Candlewood Property Management, LLC, you can protect your property while accommodating tenants’ legitimate needs. Staying up-to-date on legal changes and having a clear process in place will help you avoid legal risks and ensure that both you and your tenants are on the same page when it comes to ESAs.
